10 Rob. 25 | La. | 1845
The plaintiff has taken this appeal from a judgment rejecting a claim of $305 50, he makes against the defendants, on a draft of one Thomas Wilkins for a larger sum’ in his favor, drawn upon and accepted by A. Duplantier, their treasurer, this draft having been given to him by Wilkins, for lumber furnished to the latter, to be used in the construction of a parish jail. The defence below was, that the defendants are in no way liable to the plaintiff, Thomas Wilkins having no authority to draw, nor A. Duplantier any to accept the drafts, so as to bind the parish for the payment thereof, and that all demands that Wilkins ever had against the parish of East Baton Rouge, were evidenced by warrants drawn by the auditor of the parish, in favor of said Wilkins, which have long since been paid.
The evidence shows that Thomas Wilkins, who contracted to build for the defendants a parish jail, received as the work progressed, warrants drawn by the auditor of the parish upon the treasurer, and that the latter was instructed by the Police Jury to pay no accounts against the parish, except on the warrant "of the auditor; that, at the date of the draft sued on, Wilkins held a warrant, signed by the auditor, for $1500, and drew on ac
Judgment affirmed.